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HIGGINS BROS. REALTY CORP. v. ORTHO-MED. PRODS., INC.

202 A.D.2d 371 (1994)

610 N.Y.S.2d 8

Higgins Bros. Realty Corp., Appellant, v. Ortho-Medical Products, Inc., et al., Respondents and Third-Party Plaintiffs-Respondents. Plaza 230 Associates, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 31, 1994

Plaintiff, the purchaser of condominium Unit 16 of the building located at 230 Hilton Avenue in Hempstead, New York, seeks recision and damages based upon alleged misrepresentations regarding the number of square feet comprising the interior space of the unit. Given the motion court's authority, on a motion for summary judgment to search the record and grant judgment to the nonmoving party (Raine v Gleason,

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